CLA-2-85:OT:RR:NC:N2:212
Cindy Ingels
Rehau Automotive LLC
1501 Edwards Ferry Rd
Leesburg, VA 20176
RE: The tariff classification of sensor harness from Germany
Dear Ms. Ingles:
In your letter dated May 29, 2019, you requested a tariff classification ruling.
The merchandise under consideration is identified as the IEE Smart Trunk Opener (STO), which is described as a system consisting of two capacitive antennae that connect to an electronic control unit (ECU). The STO is intended to be mounted to the underside of a vehicle bumper and will function as a capacitive detection system, identifying the presence of a foot by measuring the change in electric field behind the trunk. The user places their foot in proximity to the mounted STO which changes the electrical properties of the capacitive field created by the antennae. The ECU then evaluates this change and sends a signal to the Keyless-Go system, which is not subject to this ruling request, that then registers the presence of a key fob. If all parameters are met, the Keyless-Go system sends a signal to trigger the trunk to open.
In your request, you suggest the STO is correctly classified under 8512.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical lighting or signaling equipment (excluding articles of heading 8539), windshield wipers, defrosters and demisters, of a kind used for cycles or motor vehicles; parts thereof: Parts: Other.” We disagree.
While heading 8512 provides for visual and signaling equipment used in motor vehicles, it does not provide for parts that are specifically provided for elsewhere. Though the items under consideration will, in fact, eventually be incorporated into a system that may be used in a motor vehicle, the units by themselves incorporate capactive transducer and control elements that are more specifically provided for in Chapter 85. Therefore, classification under heading 8512 is precluded.
The applicable subheading for the IEE Smart Trunk Opener will be 8543.70.9960, HTSUS, which provides for “Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and apparatus: Other: Other: Other.” The general rate of duty will be 2.6% as valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Luke LePage at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division